This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II.
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Crop Insurance Plan for Strawberries

made under Section 6 of the

Crop and Livestock Insurance Act

R.S.N.S. 1989, c. 113

O.I.C. 95-21 (effective January 3, 1995), N.S. Reg. 6/1995

amended to O.I.C. 2018-175 (effective July 3, 2018), N.S. Reg. 113/2018


Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

 

Interpretation

Designation of perils

Designation of crop year

Application deadline

Duration of contract for day-neutral varieties

Deadline for notice of cancellation for June-bearing varieties

Coverage

Total guaranteed production

Established prices

Premium

Incorrect acreage

Final planting date for day-neutral varieties

Harvesting

Final date for insurance protection

Evaluation of loss

Harvest yield report


 

1     This plan may be cited as the Crop Insurance Plan for Strawberries.

 

2     The purpose of this plan is to provide for insurance against a reduction in yield of strawberries in the first, second and third year of production, or in such manner as the Commission approves, resulting from one or more of the perils designated in Section 4.


Interpretation

3     (1)    In this plan,

 

“Act” means the Crop and Livestock Insurance Act;

 

“average insurable yield” means the average insurable yield of an insurable strawberry crop determined in accordance with subsection 9A(3);

 

“strawberries” means varieties of strawberries accepted by the Commission for insurance coverage in either of the following 2 crop types:

 

                         (i)     June-bearing,

 

                         (ii)    day-neutral.

 

“terms and conditions of the Contract of Insurance” means the terms and conditions set out in the Contract of Insurance in Form 1 to the General Crop Insurance Plans Regulations.

 

       (2)    For conversion purposes, a quart of strawberries weighs 0.6237 kg (1.375 lbs. or 22 oz.) and 1 kg equals 2.2046 pounds.


Designation of perils

4     The following are designated as perils for the purpose of this plan:

 

                (a)    winter injury;

 

                (b)    spring frost;

 

                (c)    hail;

 

                (d)    fall frost,

 

                         (i)     for June-bearing varieties, at any time during the crop year, and

 

                         (ii)    for day-neutral varieties, up to and including September 30;

 

                (e)    drought;

 

                (f)    excessive moisture;

 

                (g)    unavoidable pollination failure;

 

                (h)    off crop due to adverse weather;

 

                (i)     wind;

 

                (j)     insects;

 

                (k)    wildlife;

 

                (l)     disease.


Designation of crop year

5     (1)    The crop year for strawberries is as follows:

 

                (a)    for June-bearing varieties, the period from September 1 in any year to August 31 in the next year;

 

                (b)    for day-neutral varieties, the period from April 1 in any year to September 30 in the same year.

 

       (2)    Notwithstanding subsection (1), the crop year may be deemed to commence upon the date the application is received by the Commission.


Application deadline

6     For the purpose of clause 4(2)(b) of the General Crop Insurance Plans Regulations, an application for a contract of insurance under this plan must be filed with the Commission

 

                (a)    for June-bearing varieties, before November 15 in the 1st crop year for which the contract of insurance is to be in force;

 

                (b)    for day-neutral varieties, before March 31 in advance of each crop year for which the contract of insurance is to be in force.


Duration of contract for day-neutral varieties

7     A contract of insurance under this plan for day-neutral varieties expires at the end of the crop year to which it applies and is not continued in force for subsequent crop years.


Deadline for notice of cancellation for June-bearing varieties

8     For the purpose of clause 4(1)(a) of the terms and conditions of the Contract of Insurance, a notice of cancellation of insurance under this plan for June-bearing varieties must be given no later than September 15 of the crop year for which the cancellation is to be effective.                              


Coverage

9     (1)    All the area of strawberries owned or operated by an insured person and to be harvested shall be offered for insurance coverage.

 

       (2)    The Commission may insure all or part of the area offered for insurance coverage.

 

       (3)    Upon application in writing by an insured person, the Commission may insure a strawberry crop on the basis of variety, area, agronomic practice or specified perils.


Total guaranteed production

9A  (1)    An insured person shall select a coverage level of 70%, 80%, 85% or 90% of the average insurable yield of an insurable strawberry crop for the purpose of determining the guaranteed production for that crop in a crop year.

 

       (2)    The total guaranteed production for an insured strawberry crop shall be determined by multiplying the selected coverage level by the average insurable yield for the total area of that insured strawberry crop.

 

       (3)    The average insurable yield of an insurable strawberry crop is the potential production of that crop as determined by the Commission from the insured person’s yield records, subject to a methodology developed by an actuary and approved by the Commission.


Established prices

10   (1)    For each crop year, the Commission shall establish price options for each insurable strawberry crop, and shall announce these options to insured persons before the beginning of the crop year.

 

       (2)    An insured person shall select one of the price options as the established price to be used for calculating premium and indemnity in their contract of insurance.

 

11   The maximum indemnity for which the Commission is liable under a contract of insurance shall be the amount obtained by multiplying the total guaranteed production under Section 9 by the established price.


Premium

12   (1)    The base premium rate shall be based on a methodology set by an actuary and approved by the Commission.

 

       (2)    The base premium rate shall be adjusted by giving a discount when indemnity is less than total premiums paid or adding a surcharge when indemnity exceeds total premiums, and adjustments shall be calculated using the following formula:

 

(LR-1) x (n÷(20+n))

 

where “LR” equals total indemnity divided by total premiums and “n” equals the number of years insured in the plan.

 

       (3)    Despite subsection (2), the maximum discount shall be 50% and the maximum surcharge shall be 100%.

 

       (4)    Despite subsections (1), (2) and (3), the minimum annual premium payable by an insured person in each crop year is $50.

 

       (5)    The premium determined under subsections (1) to (3) includes premium payments made by the Government of Canada under the Farm Income Protection Act (Canada) and the Province under the Act.

 

13   (1)    Where a contract of insurance is in force, the insured shall pay the premium less premium deposit to the Commission not later than July 1.

 

       (2)    Interest of 1 1/2% per month will be charged on overdue accounts.


Incorrect acreage

14   (1)    Where the actual measured acreage of strawberries in a crop year is less than the insured acreage, the guarantee and the amount of insurance shall be reduced accordingly and no refund of premium shall be made.

 

       (2)    Where the actual acreage of strawberries in a crop year exceeds the insured acreage, the measured area yield will be prorated to the insured acres in calculating indemnity payable.


Final planting date for day-neutral varieties

14A  Day-neutral varieties must be planted by May 31 of the crop year.


Harvesting

15   All acreage of an insured crop shall be harvested unless the Commission, upon application in writing, consents in writing to the abandonment of the insured crop or any part.

 

16   [repealed]


Final date for insurance protection

17   The final dates for insurance protection under this plan are August 31 for June-bearing varieties and September 30 for day-neutral varieties, or any other dates determined by the Commission.

 

Evaluation of loss

18   For the purpose of determining the reduction in yield of strawberries in a crop year and the indemnity payable

 

        (a)    where the actual production is less than the guaranteed production, the adjustment of loss shall be calculated by subtracting the actual production from the guaranteed production and multiplying the difference by the established price per quart;

 

       (b)    where the loss or damage occurs prior to completion of harvest, the Commission, upon application in writing by the insured person, may consent in writing to the abandonment of such damaged acreage and the Commission shall determine the number of damaged acres and potential production thereof.


Harvest yield report

19   No later than 30 days after the completion of harvest, an insured person must file a harvest yield report with the Commission on a harvest yield report form provided by the Commission for this purpose.

 

19A  [repealed]

 

20   [repealed]

 


 

Legislative History
Reference Tables

Crop Insurance Plan for Strawberries

N.S. Reg. 6/1995

Crop and Livestock Insurance Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Crop Insurance Plan for Strawberries made under the Crop and Livestock Insurance Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

6/1995

Jan 3, 1995

date made

Jan 20, 1995

47/1997

May 6, 1997

date made

May 23, 1997

161/2000

Apr 1, 1999

date specified

Oct 6, 2000

38/2003

Feb 21, 2003

date specified

Mar 7, 2003

66/2003

Mar 28, 2003

date specified

Apr 18, 2003

138/2004

Apr 1, 2004

date specified

Apr 30, 2004

133/2006

Jul 24, 2006

date specified

Aug 18, 2006

26/2009

Feb 3, 2009

date specified

Feb 13, 2009

16/2012

Jan 10, 2012

date specified

Jan 27, 2012

202/2012

Oct 30, 2012

date specified

Nov 16, 2012

113/2018

Jul 3, 2018

date specified

Jul 20, 2018

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

1 .......................................................

rs. 16/20122

3 .......................................................

rs. 133/2006

3(1) ..................................................

am. 16/2012 (clause lettering removed)

3(1), defn. of “Act”.....................

ad. 16/2012

3(1), defn. of “contract of insurance”................................

rep. 16/2012

3(1), defn. of “General Regulations”.............................

ad. 16/2012; rep. 113/2018

3(1), defn. of “strawberries”.......

rs. 202/2012

3(1), defn. of “terms and conditions of the Contract of Insurance”................................

ad. 16/2012; am. 113/2018

4(d)...................................................

rs. 202/2012

5(1)...................................................

rs. 202/2012

6 .......................................................

rs. 133/2006, 16/2012, 202/2012; am. 113/2018

7 .......................................................

rs. 133/2006; rep. 16/2012

7 .......................................................

ad. 202/2012

8 .......................................................

rs. 16/2012, 202/2012

9 .......................................................

rs. 133/2006

9(1)-(2)........................................

rs. 38/2003

9A.....................................................

ad. 133/2006

10......................................................

rs. 161/2000, 133/2006

10(1)............................................

rs. 38/2003

12......................................................

rs. 133/2006

12(1)............................................

rs. 38/2003, 66/2003, 138/2004

12(2)............................................

rs. 47/1997

12(5)............................................

am. 16/2012

14A...................................................

ad. 202/2012

16......................................................

rep. 16/2012

17......................................................

rs. 202/2012

19......................................................

rs. 133/2006, 26/2009

19A...................................................

ad. 133/2006; rep. 16/2012

19A(1).........................................

rs. 26/2009

20......................................................

rs. 47/1997, 130/2006; rep. 16/2012

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

1

The clauses in Section 18 that were numbered as subsections have been redesignated as clauses 18(a) and (b) for the purpose of the consolidation.

 

2

Title amended from The Nova Scotia Crop and Livestock Insurance Plan for Strawberries.

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

4/1974

Nova Scotia Crop and Livestock Insurance Plan for Strawberries

Jan 8, 1974

Jun 24, 1975

102/1975

Nova Scotia Crop and Livestock Insurance Plan for Strawberries

Jun 24, 1975

Sep 20, 1977

114/1977

Nova Scotia Crop and Livestock Insurance Plan for Strawberries

Sep 20, 1977

Aug 5, 1980

130/1980

Nova Scotia Crop and Livestock Insurance Plan for Strawberries

Aug 5, 1980

May 18, 1982

110/1982

Nova Scotia Crop and Livestock Insurance Plan for Strawberries

May 18, 1982

Feb 5, 1985

26/1985

Nova Scotia Crop and Livestock Insurance Plan for Strawberries

Feb 5, 1985

Apr 29, 1986

68/1986

Nova Scotia Crop and Livestock Insurance Plan for Strawberries

Apr 29, 1986

May 31, 1988

124/1988

Nova Scotia Crop and Livestock Insurance Plan for Strawberries

May 31, 1988

Jan 3, 1995

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.